Introduction

Embark Consulting, LLC, also referred to below as “Embark,” "we," "us," and "our,” is a privacy-conscious organization. This privacy policy (the “Privacy Policy”) explains how we collect, store, use, share, and protect visitors (each a “Visitor,” “you,” “your”) information gathered via the web pages of the Embark website (collectively, the “Site”). By using the Site, you agree to the use of such information in accordance with this Privacy Policy. This document serves as the Embark Website Privacy Policy for any use or access to the Site by you.

If you have any questions or concerns regarding this Privacy Policy, please contact Embark at privacy@embarkwithus.com.

By using the Site, you agree to this Privacy Policy. If you do not agree with our policies and practices, your choice is not to use our Site.

General Website Use

Summary of Data Collection, Disclosure and Sale

Here is a short summary of data and the categories of data we have collected, disclosed, and sold over the last twelve (12) months. We do not sell data. The rest of this Privacy Policy provides more in-depth information on our privacy practices.

• Identifiers, such as contact details, such as real name, alias, address, telephone number, unique personal identifiers, online identifiers, IP address, email address, and account name.
  • Do we collect? Yes
  • Will we disclose this data as part of our business? No
  • Will we sell this data? No
• Categories of PI described in the California Consumer Privacy Act, GDPR or otherwise (including name, email, phone number, mailing address, birthday) 
  • Do we collect? Yes
  • Will we disclose this data as part of our business? No
  • Will we sell this data? No
• Commercial information (Transaction information, purchase history, financial details, and payment information)
  • Do we collect? No
  • Will we disclose this data as part of our business? No
  • Will we sell this data? No
• Geolocation data: (device location)
  • Do we collect? Yes
  • Will we disclose this data as part of our business? No
  • Will we sell this data? No
• Internet or other electronic network activity information: (Browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems, and advertisements)
  • Do we collect? Yes
  • Will we disclose this data as part of our business? Yes
  • Will we sell this data? No
• Inferences drawn from other personal information to create a profile about a consumer: (for example, an individual’s preferences and characteristics)
  • Do we collect? Yes
  • Will we disclose this data as part of our business? No
  • Will we sell this data? No
• Biometric information
  • Do we collect? No
• Characteristics of protected classifications under California or United States federal law
  • Do we collect? Yes
• Audio, visual, or similar information
  • Do we collect? Yes
• Professional or employment-related information
  • Do we collect? Yes
• Non-public education information (per the Family Educational Rights and Privacy Act)
  • Do we collect? Yes

Information collection

As a Visitor, you do not have to submit any personal information in order to use the Site. Embark may collect personal information about you through automatic means (see Log information, cookies and Web beacons) or through means by which you voluntarily provide it. Such information may consist of, but is not limited to, your name, current job title, company address, email address, or telephone number.

The Site may also collect content that you provide, including but not limited to postings on any blogs, forums, wikis and other social media applications and services that we may provide.

We do not usually seek sensitive information (e.g., data relating to race or ethnic origin, religious beliefs, criminal record, physical or mental health or sexual orientation) from visitors. We will, where necessary, obtain your explicit consent to collect and use such information.

Non-personal data includes any data that cannot be used on its own to identify, trace, or identify a person. When non-personal data you give us is combined with personal information we collect about you, it will be treated as personal information and will only be used in accordance with this Privacy Policy.

How we collect information.

We collect information when you provide it to us directly through an interaction with us; for example:

• When you apply for a position through our Site;
• When you fill out contact or registration forms;
• When you fill out feedback forms;
• When you contact us through our Site;
• When you communicate through the Site;
• When you contact us for support or service requests.

Why we collect and how we use your information. (Legal Basis)

We collect and use your Personal Data when we have a legitimate purpose to do so, including but not limited to the following reasons:

• when it is necessary for the general functioning of the Site, including to contact you;
• when it is necessary in connection with any contract you have entered into with us or to take steps prior to entering into a contract with us;
• when we have obtained your or a third party’s prior consent;
• when we have a legitimate interest in processing your information for the purpose of providing or improving our Site;
• when we have a legitimate interest in using the information for the purpose of contacting you, subject to compliance with applicable law; or
• when we have a legitimate interest in using the information for the purpose of detecting, and protecting against, breaches of our policies and applicable laws.

We may use aggregated (anonymized) information about our Visitors, and information that does not identify any individual, without restriction.

Disclosures of Personal Information

As part of Embark’s normal course of business, your information may be disclosed to third parties. The information may be disclosed as follows:

1. We may disclose information to companies and individuals we employ to perform business functions and services on our behalf. Such functions may include, for example, hosting data on third-party service provider’s Web servers, analyzing data, providing legal, accounting, marketing, and job search-related activities. Such processing, collection, sharing or storing of data by such third parties may be processed, collected, shared or stored by Embark.
2. We may disclose information to the extent necessary or appropriate to government agencies, advisors, and other third parties in order to comply with applicable laws, the service of legal process, or if we reasonably believe that such action is necessary to (a) comply with the law requiring such disclosure; (b) protect the rights or property of RHI or its affiliated companies; (c) prevent a crime or protect national security or (d) protect the personal safety of the users or the public.

Log information, cookies, and Web beacons

The Embark Site collects standard Internet log information, including your IP address, browser type and language, access times, and referring website addresses. To ensure that our Site is well managed and to facilitate improved navigation, we or our service provider(s) may also use cookies (small text files stored in a user's browser) or Web beacons (electronic images that allow the website to count visitors who have accessed a particular page and to access certain cookies) to collect aggregate data.

Blogs, forums, wikis, and other social media

The Embark Site may host various blogs, forums, wikis, and other social media applications or services that allow you to share content with other users (collectively, “Social Media Applications”). Any personal information or other information that you contribute to any Social Media Application can be read, collected, and used by other users of that Social Media Application over whom we have little or no control. Therefore, we are not responsible for any other user's use, misuse, or misappropriation of any personal information or other information that you contribute to any Social Media Application.

Accessing and Controlling Your Information

If you would like to prevent us from collecting your information completely, you should cease use of our Site. You can also control certain data via these other methods:

 

• Correction capabilities: You have the ability to access and correct any inaccuracies in your personally identifiable information by contacting us at privacy@embarkwithus.com.
• Opt-out of non-essential electronic communications: You may opt out of receiving newsletters and other non-essential messages by using the ‘unsubscribe' function included in all such messages or by contacting us directly at privacy@embarkwithus.com. However, you will continue to receive notices and essential transactional emails.
• Optional information: You can always choose not to fill in non-mandatory fields when you submit any form or information linked to our Site.

Under the United States California Consumer Privacy Act, the Virginia Consumer Data Protection Act, Nevada’s, Colorado’s, Connecticut’s, Virginia’s, and Utah’s privacy laws, and other state-specific consumer privacy laws regarding notice of information collected, residents of these states have statutory data rights. We provide the same control and rights over your data no matter where you choose to live in the United States. As a user of Embark’s Site, you have the following control over your data:

• Right to access: You have the right to access (and obtain a copy of, if required) the categories of personal information that we hold about you, including the information's source, purpose, and period of processing, and the persons to whom the information is shared.
• Right to rectification: You have the right to update the information we hold about you or to rectify any inaccuracies. Based on the purpose for which we use your information, you can instruct us to add supplemental information about you in our database.
• Right to erasure: You have the right to request that we delete your personal information in certain circumstances, such as when it is no longer necessary for the purpose for which it was originally collected.
• Right to restriction of processing: You may also have the right to request to restrict the use of your information in certain circumstances, such as when you have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it.
• Right to data portability: You have the right to transfer your information to a third party in a structured, commonly used, and machine-readable format in circumstances where the information is processed with your consent or by automated means.
• Right to object: You have the right to object to the use of your information in certain circumstances, such as the use of your personal information for direct marketing.

If you are a resident of the European Economic Area (EEA), you may have certain rights under the European Union’s General Data Protection Regulation (GDPR). The information collected from you by us must be explained as follows in order for GDPR compliance. Please email us if you have any questions or want to exercise your rights in accordance with this Privacy Policy under these applicable laws.

• Embark’s legal basis for the processing of your data includes the necessity to contract with you and provide the Site.
• Embark's legitimate interests in collecting such data include legitimate interests of our business, including but not limited to providing the Site to you and other Visitors, collecting necessary information in order to safely and accurately provide access to the Site, fraud prevention, information security, direct marketing, and legal compliance.
• Embark does not collect categories of personal data from sources other than yourself.
• Embark may transfer personal data outside of the jurisdiction, such as in the United States and where we conduct our services.
• Embark stores this information for as long as necessary (i) to conduct the Site, (ii) to perform its obligations under applicable laws, rules or regulations, (iii) to perform its obligations with third parties and with its affiliates, (iv) in accordance with industry standards, or otherwise (v) in accordance with its bona fide information retention policies to run the Site or provide our services. We will delete any data that has not been used for such purposes for a period of five (5) years or longer.
• Embark does not use automated decision-making, such as profiling, during your application process.
• If you are a citizen where GDPR applies, you have the right to object to or restrict data processing, the right to erasure, also known as the right to be forgotten and the right to data portability.
• At any time, you have the right to withdraw your consent for us to use, store, or collect your data and file a complaint with your local supervisory authority.

Exercise Your Data Rights

We acknowledge your right to request access, amendment, or deletion of your data. We also recognize that you have the right to prohibit the sale of your data, but we do not sell data.

You can exercise the rights described above by sending an email to privacy@embarkwithus.com. Only you or an agent authorized to make a request on your behalf may make a request related to your personal information.

We cannot respond to your request if (i) we cannot verify your identity or (ii) your request lacks sufficient details to help us handle the request. We will make our best efforts to respond to your request within forty-five (45) days of its receipt. If we cannot respond in forty-five (45) days, we will inform you, in writing, of the reason for the delay and will respond to your request within ninety (90) days. Any information we provide will only cover the twelve (12)-month period preceding the request's receipt.

We do not charge a fee to process or respond to your request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request. We are not obligated to provide responses to your data requests more than twice in a twelve (12)-month period.

How Long Do We Store Personal Data?

We will only retain your personal information for as long as is necessary to fulfill the purposes for which it is collected. This length of time may vary according to the nature of your relationship with us.

Not Directed to Persons Under 18

Our services nor the use of our Site are not intended for anyone under 18, particularly children under 13 years of age, and we do not knowingly collect personal information from children under 18. Use and participation with our Site is limited to individuals of 18 years old or older. If you are under 18, do not use or register on the Site, use any of the interactive submission features on our Site, or provide any information about yourself to us. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at privacy@embarkwithus.com. California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information.

Affiliates and Subsidiaries

We may, for our legitimate interests, share your information with entities under common ownership or control with us who will process your information in a manner consistent with this Privacy Policy and subject to appropriate safeguards.

Successors in Interest

We may, for our legitimate interests, share your information with a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, in which personal information about our Visitors is among the assets transferred.

Law enforcement and other governmental agencies

We may share your information when we believe in good faith that such sharing is reasonably necessary to investigate, prevent, or take action regarding possible illegal activities or to comply with legal process. This may involve the sharing of your information with law enforcement, government agencies, courts, and other organizations.

Third-Party Services and Websites

Embark is not responsible for the privacy policies or other practices employed by websites linked to, or from, our Site nor the information or content contained therein, and we encourage you to read the privacy statements of any linked third party. This includes sharing information via social media websites.

Information security

We have in place reasonable commercial standards of technology and operational security to protect all information provided by Visitors via the Embark Site from unauthorized access, disclosure, alteration, or destruction. We choose these safeguards based on the sensitivity of the information that we collect, process, and store and the current state of technology. Our outsourced service providers who support our operations are also vetted to ensure that they, too, have the appropriate organizational and technical measures in place to protect your information.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your information transmitted to the Site. Any transmission of information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site. In the event that there is a breach in the information that we hold; we shall notify you of such breach via email or via a notice on the Site.

Embark stores basic Visitor data on our third-party service provider’s servers. Personal information about Visitors is stored within the United States. The Site is only intended to be used inside the United States and we do not seek users from outside such location at this time. If you are using the Services from the EEA or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your personal information to the United States. Such locations may have laws which are different and potentially not as protective as the laws of your own country. By providing your personal information, you consent to any transfer and processing in accordance with this Privacy Policy. For the avoidance of doubt, our Site is not intended for any users outside of the United States.

When you visit or log in to our website, cookies, and similar technologies may be used by our online data partners or vendors to associate these activities with other personal information they or others have about you, including by association with your email or home address.  We (or service providers on our behalf) may then send communications and marketing to these email or home addresses. You may opt out of receiving this advertising by visiting: https://app.retention.com/optout

Changes to our Privacy Policy

We may modify or amend this Privacy Policy from time to time at our sole discretion. When we make changes to this Privacy Policy, we will amend the revision date at the top of this page and will provide a prominent notice on the Site. We encourage you to periodically review this privacy statement to be informed about how we are protecting your information. Your continued use of the Site following the posting of any modification to the Privacy Policy shall constitute your acceptance of the amendments to this Privacy Policy.

Legal

Disclaimer; Limitation of Liability

By means of the Site, Embark is rendering no legal, accounting, tax, investment, consulting, business, financial, or other professional advice or services. The Site is not a substitute for such professional advice or services, nor should it be used as a basis for any decision or action that may affect your finances or your business.

THE SITE IS PROVIDED “AS IS”, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, EMBARK DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL BE ERROR-FREE, WILL OPERATE IN AN UNINTERRUPTED FASHION, OR WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, AND EMBARK DISCLAIMS ALL EXPRESS AND IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, COMPATIBILITY, SECURITY, AND ACCURACY. 

YOUR USE OF THE SITE IS AT YOUR OWN RISK, AND YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USAGE THEREFROM. EMBARK WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXPECTANCY, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES WHATSOEVER, WHETHER IN AN ACTION OF CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, RELATING TO THE USE OF OR RELIANCE UPON THE SITE. 

CERTAIN LINKS ON THE SITE MAY LEAD TO RESOURCES MAINTAINED BY THIRD PARTIES OVER WHOM EMBARK HAS NO CONTROL. EMBARK MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, NOR SHALL BE RESPONSIBLE OR LIABLE IN ANY WAY AS TO THOSE LINKED RESOURCES. 

THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY ARE APPLICABLE TO THE FULLEST EXTENT PERMITTED BY LAW, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE.

IF ANY PORTION OF THE FOREGOING IS NOT FULLY ENFORCEABLE FOR ANY REASON, THE REMAINDER SHALL NONETHELESS CONTINUE TO APPLY.